A Post-Judgment Motion Which Has Become Moot Is Not Deemed Denied by Rule 59.1; Alternative Grounds for a Rule 59 Motion Are Not Waived if Not Asserted on Appeal

On February 22, 2008, the Supreme Court denied rehearing but issued a modified opinion in the case Hilb, Rogal & Hamilton Co. v. Werner Beiersdoerfer, [Ms. 1060522] (Ala. Feb. 22, 2008) , originally released on December 14, 2007.  The Supreme Court reaffirmed its holding that post-judgment motions which have become mooted are not subject to denial by operation of Rule 59.1. The court also concluded, in a matter of first impression, that a party who fails to raise its remittitur arguments on appeal from the grant of a motion for a new trial in its favor does not waive those arguments.

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